Q and As

Our Q and As are examples of some of the recent questions that the Practice Advice Service has helped solicitors with. If you cannot find the answer you need, contact us.

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Can I withdraw a suspicious activity report I made yesterday to the National Crime Agency?

Can I withdraw a suspicious activity report (SAR) I made yesterday to the National Crime Agency (NCA)? New information has now removed all suspicion.

My client does not want to disclose their address in proceedings. What do I need to do?

I act in Children Act proceedings where my client requires that their contact address should not be disclosed. How do I proceed?

What should I consider when certifying an LPA for a conveyancing transaction?

I’ve been asked to certify a copy of a property and financial affairs lasting power of attorney for use in a conveyancing transaction. Are there...

What information can a bank request about our client account?

Our bank requested information on specific client account payments. Is there an anti-money laundering (AML) requirement for disclosure?

Do we need to appoint an MLCO if we have an MLRO?

My firm has a money laundering reporting officer. Do we need to appoint a money laundering compliance officer? Can it be the same person?

When can I charge for home visits?

A potential client asked me to visit their home to take instructions for a new will. Can we charge for home visits?

I’m a conveyancer. Do I need to sign clients up to HMLR’s anti-fraud services?

I’m the SRO in a CQS-accredited firm. Should I review our file closure procedure to ensure that post-completion purchaser clients are made aware of HM...

Do I need written authority from a mortgagee to receive redemption funds?

I act for a seller of a mortgaged property. Do I need written authority from the seller’s mortgagee confirming I am authorised to receive the...

Can I exercise a lien over a bankrupt client's papers?

My client became bankrupt before paying their final bill. Their trustee in bankruptcy has asked for documents from the file. Can I exercise a lien...

Is the appointment of a minor executor valid?

My client wishes to appoint his wife and son as executors to his will. The son is currently aged 16 years. Is the appointment of...

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